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Hindustan Times (Chandigarh) - Estates - - HT ESTATES - Su­nil Tyagi The au­thor is a se­nior part­ner, ZEUS Law As­so­ciates, a cor­po­rate com­mer­cial law firm. One of its ar­eas of spe­cial­i­sa­tion is real es­tate trans­ac­tional and lit­i­ga­tion work. If you have any queries, email us at ht­es­tates@ hin­dus­tan­times.com or ht

I am a 25-year-old male who lives with his father in his apart­ment and it’s his self-ac­quired prop­erty. My mother passed away a few years ago. I have two sis­ters who are hap­pily mar­ried. Can my father sell the flat with­out our con­sent? Also please clar­ify if my sis­ters would have any rights in the flat af­ter my father’s demise?

– Sab­nam Tyagi As you men­tioned that the flat is your father’s self­ac­quired prop­erty, he is fully en­ti­tled to trans­fer the said flat to any third party with­out your con­sent. If your father ex­e­cutes a will in re­spect of the said apart­ment, then af­ter his demise the prop­erty shall de­volve in the man­ner as spec­i­fied in his will. How­ever, in case your father dies with­out leav­ing a will then af­ter his demise all his le­gal heirs, in­clud­ing you and your sis­ters, shall have an equal zshare in the apart­ment. My younger brother and I (be­ing the only le­gal heirs) in­her­ited a house and a shop (in equal shares) from our father. Sub­se­quently with mu­tual un­der­stand­ing, I sur­ren­dered my share in the house and my brother sur­ren­dered his share in the shop by ex­e­cut­ing two sep­a­rate duly reg­is­tered re­lease / re­lin­quish­ment deeds. At present the mar­ket value of the house is much higher than the shop. Is it pos­si­ble for me to can­cel the re­lease made by me?

– Jagdeep Shah Since the re­lease/re­lin­quish­ment deeds ex­e­cuted by you and your brother are duly reg­is­tered, the re­lease by you of your share in the house and re­lease by your brother of his share in the shop are legally com­plete and can­not be can­celled. My father had made a gift of an apart­ment in the name of my mi­nor son. We now wish to sell it and in­vest in a big­ger prop­erty. Is it nec­es­sary to seek the court’s per­mis­sion be­fore sell­ing this apart­ment as I have heard it is a time­con­sum­ing process?

– Amanpreet Kaur Yes, since the ab­so­lute and sole owner of this prop­erty is a mi­nor, it can only be trans­ferred af­ter you (as guardian of the mi­nor) have ob­tained writ­ten per­mis­sion from the courts to do so. The court may per­mit trans­fer of this prop­erty to any third party on con­di­tions as the court may deem fit. I am plan­ning to pur­chase a flat in an un­der-con­struc­tion pro­ject by a renowned builder in Gur­gaon. The builder has told us that the por­tion of land on which the tower com­pris­ing my pro­posed unit will re­ceive a li­cense in a few months. Can I pur­chase the flat be­fore the li­cense is granted?

– Ru­pashree As per the law ap­pli­ca­ble in Haryana, to un­der­take con­struc­tion, the de­vel­oper has to ob­tain li­cense from the Town and Coun­try Plan­ning Depart­ment. There­fore, you may pur­chase the flat once the land par­cel has re­ceived the li­cense from the Town and Coun­try Plan­ning Depart­ment. I have some prop­erty which I bought from my own in­come. I have drawn a will be­queath­ing it to my daugh­ter. Now, my son is claim­ing that he should have an equal share in my prop­erty. Is his claim valid?

– Bhupin­der Sharma If you have pur­chased the prop­erty us­ing your own money from your in­come, then it will be called your self-ac­quired prop­erty and you are free to dis­pose it in any man­ner you wish to. Our res­i­den­tial home in Delhi was ear­lier in my father’s name and af­ter his death my mother be­came the sole owner of our res­i­den­tial home. My mother died last month and through her will she be­queathed the house in my favour. Now, how do I get the house mu­tated in my name in the records of mu­nic­i­pal au­thor­i­ties. Just to clar­ify, I am the only child of my par­ents?

- Sm­riti Gu­liani To get the prop­erty mu­tated in your name, you need to ap­ply to the mu­nic­i­pal au­thor­ity by fill­ing the re­quired form/ap­pli­ca­tion and sub­mit­ting req­ui­site doc­u­ments such as mother’s death cer­tifi­cate, ti­tle doc­u­ment in favour of mother, copy of will, upto date prop­erty tax re­ceipts, in­dem­nity bond etc. along with ap­pli­ca­ble fees.

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